Agent Terms and Conditions

Definitions

1.1 In this Agreement the following terms have the following meanings;

Add-On Services means Services that may be provided to an Agent in addition to the Services that are supplied as part of that Agent's Plan including but not limited to the functionalities known as Exclusive Top Listings, Enhance All Listings Service, Agent Highlight Listings, Agent Spotlight Listings, RentQuotes, RentReports, RentCheck and other functionalities made available by RENT from time-to-time.

Agent means the entity that:

conducts the real estate business that receives the benefit of the Services selected by the Agent;

holds the necessary qualification to operate that real estate business pursuant to the Legislation;

is appointed pursuant to Management Authorities to manage the Property Listings the subject of the Services selected by the Agent; and

whose name is and address is written on the Application Form.

Agent's Plan means the Plan that the Agent has chosen as part of the Services.

Agent Listing means an advertisement by an Agent, for the promotion of that Agent, on the Site.

Agent Highlight Listing means an Agent Listing that has the priority set out in clause 13.

Agent Spotlight Listing means an Agent Listing that has the priority set out in clause 13.

Agreement means the agreement between the Agent and RENT, once accepted by RENT, which is comprised of:

these Terms and Conditions;

the Use of Site Conditions;

conditions contained on the Application Form including, but not limited to, the Prices contained on the Application Form; and

any further conditions that RENT may publish from time-to-time on the Site for providing to the Agent the Services in accordance with clause 25.1.

Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:

any law, rule or regulation of any country (or political sub-division of a country);

any obligation under any licence in any country (or political sub-division of a country); and

any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).

Application Form means the document (either in hard copy or electronic format) that is used for the ordering of any of the Services by the Agent, including but not limited to any document described as being an "order form", "purchase order", "contract", "booking form" or "agreement" and may be in the form of a button that may be clicked through the Site.

Basic Listing means a Property Listing with reference to a particular suburb that is not an Exclusive Top Listing, Feature Listing or Enhanced Listing. Basic Listings appear smaller than other Property Listings on the Site and do not include the display of agency logos or branding.

Basic Plan means the type of Plan pursuant to which the Agent receives unlimited Basic Listings.

Billing Period means the period of time over which costs were incurred by the Agent, as set out in clause 39 of these Terms and Conditions.

Business Profile Page means a profile page for the Agent available through the Site.

Content means all information, text, material, graphics, software, source code and advertisements on the Site and includes things that a User may see, read, hear, download or access via the Site (including but not limited to, messages, files, data, software, images, photographs, illustrations, text and other materials).

Credit Terms means payment terms that have been agreed between the Agent and RENT.

Database Mining means the computational process of finding patterns and knowledge and then extracting and transforming that information for further use.

Deep Linking means using a hyperlink that links to a specific, generally searchable or indexed piece of web content on a web site.

Downgrade means an Agent changes the advertisement type from a higher cost plan to a lower cost plan.

End User means each person in the Office authorised by the Agent to use the Services. Where appropriate, this term includes the contractors, employees, servants and agents of the Agent who have access to the Services.

Enhanced Listing means a Property Listing for a property with reference to a particular suburb that, on a search results page:

features the Agent's branding;

when viewed through a standard web browser on a desktop computer, laptop computer, tablet computer or smartphone, appears larger than a Basic Listing; and

has the priority on the Site that is set out in clause 12 of these Terms and Conditions.

Enhanced Listing Upgrade means a credit that entitles the Agent to upgrade one Property Listing to an Enhanced Listing.

Exclusive Top Listing means the Property Listing with the priority set out in clause 12.

Exclusive Top Listing Service means the Add-On Service whereby the Agent will be entitled to an Exclusive Top Listing for a particular suburb.

Feature 3 Plan means the type of Plan pursuant to which the Agent receives:

3 Feature Listing Upgrades per month (with unused Feature Listing Upgrades expiring at the end of each month);

unlimited Basic Listings;

Agent Listings associated with 10 suburbs, including the suburb in which the Agent's Office is located;

a Business Profile Page; and

unlimited RentReports.

Feature 6 Plan means the type of Plan pursuant to which the Agent receives:

6 Feature Listing Upgrades per month (with unused Feature Listing Upgrades expiring at the end of each month);

unlimited Enhanced Listings;

Agent Listings associated with 10 suburbs, including the suburb in which the Agent's Office is located;

a Business Profile Page; and

unlimited RentReports.

Feature Listing means a Property Listing for a property with reference to a particular suburb that, on a search results page:

features the Agent's branding;

when viewed through a standard web browser on a desktop computer, laptop computer, tablet computer or smartphone, appears larger than a Basic Listing appears larger than a Basic Listing; and

has the priority on the Site that is set out in clause 12 of these Terms and Conditions.

Feature Listing Upgrade means a credit that entitles an Agent to upgrade one Property Listing from a Basic Listing or Enhanced Listing to a Feature Listing.

Feature Plans means the Feature 3 Plan and the Feature 6 Plan.

Fixed Term Period means the fixed term of the Agreement set out in the Application Form, if any, as set out in clause 5.2.

GST means the goods and services tax payable under A New Tax System (Goods and Services Tax) Act 1999.

Highlight Fee is the Price that has the meaning set out in clause 8.1.

Highlight Plan means the type of plan pursuant to which the agent receives:

all properties automatically upgraded to Enhanced Listings;

Properties remain as Enhanced Listings until they are removed from the site by the agent or downgraded to a Basic Listing by the Agent via the Agent's dashboard.

an Agent Listing associated with the suburb in which the Agent's Office is located;

a Business Profile Page;

unlimited RentReports.

Introduce and/or Introduced means that RENT has been an effective cause of the relevant lease of a property, including but not limited to where:

an entity that has sent an email enquiry in respect of a Property Listing on the Site and subsequently enters a lease of that property as a tenant;

an entity that has made a telephone enquiry in respect of a Property Listing on the Site and subsequently enters a lease of that property as a tenant;

an entity that has completed an application on the Site to lease a property the subject of a Property Listing enters a lease of that property as a tenant; and

an entity that enters a lease of a property that is the subject of a Property Listing by the Agent on the Site first made contact with that Agent through the Site (whether or not the property ultimately leased by that entity is the property in respect of which the entity first made an enquiry of the Agent on the Site) PROVIDED THAT the lease in question is entered within 30 days of the lessee entity first making contact with the Agent through the Site.

Legislation means the legislation, including any subsidiary legislation such as codes of conduct, that governs the licencing and regulation of the real estate industry in the Agent's Australian state or territory.

Management Authority means the contract between the Agent and the owner of the property the subject of a Property Listing whereby the Agent is appointed by the owner pursuant to the Legislation to provide property management services.

Office means any single office location (including, but not limited to, head offices, registered offices and branch offices) where the business of the Agent is conducted.

Plan means those Services requested by the Agent to be supplied in a bundle, being the:

Basic Plan;

Feature 3 Plan;

Feature 6 Plan; or

Highlight Plan; or

Smart Plan.

Price or Prices means the prices shown on the Application Form or the Site for the use of one or more of the Services, as amended from time-to-time by RENT in accordance with clause 25.1.

Privacy Legislation means the Privacy Act 1988 (Cth) and any state privacy legislation which may be enacted during the term of the Agreement.

Property Listing means an advertisement by an Agent on the Site for the lease of a property and includes:

RentCheck Service means an Add-On Service provided by RENT whereby a potential tenant is screened.

Renter means an entity who has entered into a lease of a property as a tenant who has been Introduced to that property through the Site.

Renter Incentive means a free offer to the Renter provided by RENT.

Rent's Email Address means agents@rent.com.au or the email address nominated by RENT and displayed on the Application Form and/or the Site from time-to-time.

RentQuote Credit means a credit which entitles the Agent to receive one RentQuote Lead.

RentQuotes is a property management referral service provided by RENT to agents, whereby details provided by prospective landlords who make an enquiry to RENT are provided to agents operating in the suburb in respect of which the enquiry is made.

RentQuote Lead means an enquiry sent to the Agent by a prospective landlord arising out of the Agent's participation in RentQuote.

RentReport means a periodic report of rental data for a particular suburb provided by RENT.

Representations has the meaning set out in clause 29.1.

Services means the various functionalities available to Agents through the Site, including but not limited to the functionalities known as Basic Listings, Basic Plans, Feature Listings, Feature Plans, Enhanced Listings, Exclusive Top Listings, Agent Listings, Agent Highlight Listings, Agent Spotlight Listings, RentQuotes, RentReports, RentCheck, Business Profile Page, Renter Incentive, Highlight Plans, Smart Plans and any functionalities made available by RENT from time-to-time.

Scraping means the process of collecting and extracting information from websites and using that copied information on another website.

Site means rent.com.au.

Smart Plan means the type of Plan pursuant to which the Agent receives:

unlimited Enhanced Listings;

an Agent Listing associated with the suburb in which the Agent's Office is located;

a Business Profile Page;

unlimited RentReports; and

the Renter Incentive;

Success Fee is the Price that has the meaning set out in clause 8.1.

Smart Fee Cap means the maximum Price that an Agent will be charged for successfully Tenanted Properties in the course of one (1) calendar month.

Use of Site Conditions means the terms and conditions for use of the Site that are available on the Site and updated by RENT from time-to-time in accordance with clause 26.

User means any user of the Site, including agents, landlords and tenants.

Tenanted Property means a property in respect of which there has been a Property Listing that is leased by a Renter.

Terms and Conditions means these terms and conditions.

Provision of Services and identity of recipient

2.1 The Services are accessed on the Site, which is owned and operated by RENT. The Agent's access to the Services is conditional upon acceptance and compliance with these Terms and Conditions and this Agreement.

2.2 The Agreement is between the Agent and RENT.

2.3 The use of the Services, including the posting of Property Listings, is limited to the Agent and End Users associated with the relevant Office.

2.4 If an Agent uploads Content to the Site from more than one Office, then each Office must enter into a separate Agreement with RENT and only End Users who are employed at or conduct business from an Office that has entered into an Agreement with RENT are entitled to use the Services.

2.5 End Users may only use the Services for the business purposes of the Agent.

Conflict with Use of Site Conditions

3.1 To the extent that these Terms and Conditions conflict with any other conditions that RENT may publish from time-to-time on the Site for providing to the Agent the Services (including the Use of Site Conditions), these Terms and Conditions will prevail.

3.2 Despite clause 3.1, to the extent that any conditions on the Application Form, including Prices, conflict with these Terms and Conditions the conditions on the Application form will prevail.

Application Forms and Provision of Information

4.1 The Agent must complete the appropriate Application Form or forms and provide all information stipulated by RENT from time-to-time relating to the Services selected by the Agent.

Term of this Agreement

5.1 This Agreement comes into effect immediately upon RENT notifying the Agent that it will provide the Services to the Agent and remains in effect until terminated.

5.2 The Agent or RENT may terminate this Agreement without reason by one party giving a minimum 30 days' prior written notice to the other party, unless the relevant Application Form provides a fixed term for the Agreement (Fixed Term Period).

5.3 If a Fixed Term Period applies to the Agreement, the Agreement may be terminated before the expiration of the Fixed Term Period:

by the Agent, in accordance with clause 26.4; or

by RENT in accordance with clause 33.

If the Agreement is terminated prior to the end of the Fixed Term Period, the Agent is obliged to pay all Prices chargeable for the Services prior to termination.

On the expiration of the Fixed Term Period, the Agreement will continue on a periodic basis, terminable by either the Agent or RENT giving a minimum of 30 days' prior written notice to the other party.

Agent's Plan and Add-On Services

6.1 The Agent may only use the Services, including the Add-On Services, if the Agent holds a Plan.

6.2 Each Plan is comprised of a bundle of Services. The Agent may purchase additional Services that are not included in the Agent's Plan as Add-On Services.

6.3 Agents may purchase Add-On Services at any time by completing the Application Form stipulated by RENT from time-to-time and agreeing to pay the relevant Price.

6.4 All Add-On Services are available to agents who hold the Smart Plan or a Feature Plan. These Add-On Services include the Exclusive Top Listing Service, Agent Highlight Listings, Agent Spotlight Listings, the RentQuotes Service, RentReports and the RentCheck Service.

6.5 The following Add-On Services are not available to Agents who have only the Basic Plan:

the Exclusive Top Listings Service;

Agent Highlight Listings;

Agent Spotlight Listings; and

RentQuotes.

Basic Plans

7.1 There is no Price for the Basic Plan.

Highlight Plans

8.1 An Agent who holds a Highlight Plan must pay a Price for each Property Listing (Highlight Fee);

8.2 If an Agent Downgrades a property on the Highlight Plan within 2 business days of listing, the Highlight Fee will not be charged for that Property Listing, unless the property is subsequently upgraded again by the Agent.

Smart Plan

9.1 The Smart Plan has no monthly Price. However, an Agent who holds the Smart Plan must pay a Price for each Tenanted Property (Smart Fee).

9.2 An Agent's obligation to pay the Smart Fee arises even when the relevant property becomes a Tenanted Property after the Agreement is terminated or the property has been withdrawn from the Site.

Feature Plan

10.1 There is a monthly Price for the Feature Plans.

Upgrading Plans

11.1 An Agent who holds a Basic Plan may upgrade their Plan to the Highlight Plan, Smart Plan, Feature 3 Plan or Feature 6 Plan at any time by contacting RENT on the agent administration centre on the Site, completing the Application Form stipulated by RENT from time-to-time and agreeing to pay the relevant Price.

11.2 An Agent who holds a Feature 3 Plan may upgrade their Plan to the Feature 6 Plan at any time by contacting RENT on the agent administration centre on the Site, completing the Application Form stipulated by RENT from time-to-time and agreeing to pay the relevant Price.

11.3 An Agent who holds Smart Plan may change their Plan to a Feature Plan at any time by contacting RENT on the agent administration centre on the Site, completing the Application Form stipulated by RENT from time-to-time and agreeing to pay the relevant Price.

11.4 An Agent who holds a Feature Plan may change their Plan to a Smart Plan at any time by contacting RENT on the agent administration centre on the Site and completing the Application Form stipulated by RENT from time-to-time.

11.5 An Agent may hold the Smart Plan in addition to a Feature Plan.

Property Listings

12.1 Each Property Listing on the Site must be associated with a particular suburb and, to that end, the Agent must stipulate when placing a Property Listing the suburb in which the property is located.

12.2 When a search is conducted on the Site, or a User browses the Site, Property Listings falling within the parameters of that search/browse and associated with the suburb searched/browed will appear in the following order:

Exclusive Top Listings, if any, will always be at the top of the page;

Feature Listings will be listed directly below the Exclusive Top Listings in reverse-chronological order to the order that that the Property Listing was lodged with RENT (with the newest Feature Listing at the top); and

Enhanced Listings and Basic Listings will be listed directly below Feature Listings in reverse-chronological order to the order that that the Property Listing was lodged with RENT (with the newest Enhanced Listing or Basic Listing at the top).

12.3 The Agent must remove all Content related to properties that are no longer available for lease or licensing within 72 hours of those properties no longer being available for lease or licence. If the Agent fails to do so, RENT may do so on the Agent's behalf.

Find a Property Manager Listing

13.1 Each Agent Listing on the Site must be associated with a particular suburb or suburbs.

13.2 Agents who hold the Highlight Plan or the Smart Plan are entitled to an Agent Listing associated with the suburb in which the Agent's Office is located and the adjacent suburbs. RENT may, at its sole discretion, provide the Agent with an Agent Listing in one or more additional suburbs in respect of which the Agent has a Property Listing. The Agent may also select additional suburbs to be associated with their Agent Listing by completing the Application Form nominated by RENT from time-to-time and agreeing to pay the relevant Price.

13.3 Agents who hold a Basic Plan are not entitled to have an Agent Listing but RENT may, at its sole discretion, provide the Agent with an Agent Listing in one or more of the suburbs in respect of which the Agent has a Property Listing.

13.4 When a search is conducted on the Site, or a User browses the Site, Agent Listings falling within the parameters of that search/browse and associated with the suburb searched/browsed will appear in the following order:

Agent Spotlight Listings will be listed at the top of the page;

Agent Highlight Listings will be listed directly below the Agent Spotlight Listings in the same chronological order as the order that the Agent Listing was lodged with RENT (with the oldest Agent Highlight Listing at the top); and

Agent Listings other than Agent Spotlight Listings and Agent Highlight listings will be listed directly below any Agent Highlight Listings in the same chronological order as the order that the Agent Listing was lodged with RENT (with the oldest Agent Listing at the top).

Agent Listing Upgrades

14.1 Subject to clause 6.5, Agents may purchase Agent Spotlight Listings or Agent Highlight Listings as Add-On Services by completing the Application Form nominated by RENT from time-to-time and agreeing to pay the relevant Price.

14.2 Agent Spotlight Listings are limited to a maximum of one per suburb. Priority is determined by the order in which an Agent requests the Agent Spotlight Listing.

14.3 Agent Highlight Listings are limited to a maximum of two per suburb. Priority is determined by the order in which Agents have requested the Agent Highlight Listing.

14.4 Agent Spotlight Listings and Agent Highlight Listings are available for a minimum term of 1 month.

14.5 Agent Spotlight Listings and Agent Highlight Listings will automatically renew for successive 1 month periods at the end of the period for which they are initially selected but, after the expiration of that initial period, may be terminated by either the Agent or RENT giving the other party a minimum of 30 days' prior written notice.

Upgrading Listings

15.1 An Agent may upgrade any Property Listing from a Basic Listing or Enhanced Listing to a Feature Listing using a Feature Listing Upgrade.

15.2 An Agent may purchase one or more Feature Listing Upgrades as an Add-On Service by completing the Application Form nominated by RENT from time-to-time and agreeing to pay the relevant Price.

15.3 If the Agent has a Basic Plan or Feature 3 Plan, Feature Listings will automatically revert to Basic Listings after the expiration of 30 days. If the property the subject of a Feature Listing is removed from the Site during that 30 day period the Feature Listing Upgrade will expire.

15.4 If the Agent has a Highlight Plan, Smart Plan or Feature 6 Plan, Feature Listings will automatically revert to Enhanced Listings after the expiration of 30 days. If the property the subject of a Feature Listing is removed from the Site in that 30 day period the Feature Listing Upgrade will expire.

15.5 If the Agent holds a Basic Plan or Feature 3 Plan, the Agent may purchase one or more Enhanced Listing Upgrades as an Add-On Service by completing the Application Form nominated by RENT from time-to-time and agreeing to pay the relevant Price.

15.6 Enhanced Listing Upgrades will expire at the earlier of the expiration of 30 days or the removal of the property the subject of the Enhanced Listing from the Site, at which point the property will revert to a Basic Listing.

15.7 Unused Enhanced Listing Upgrades will expire at the earliest of 12 months after they are issued or termination of this Agreement pursuant to clause 5.

Exclusive Top Listing Service

16.1 Subject to clause 6.5, the Agent may purchase the Exclusive Top Listing Service as an Add-On Service by completing the Application Form nominated by RENT from time-to-time and agreeing to pay the relevant Price.

16.2 Only one Exclusive Top Listings Service is available per suburb. Priority is determined by the order in which Agents have requested the Exclusive Top Listing Service.

16.3 Exclusive Top Listings cannot be transferred to another suburb or Office once selected.

16.4 The Exclusive Top Listing Service is available for a minimum term of 1 month.

16.5 Exclusive Top Listings will automatically renew for successive 1 month periods at the end of the period for which they are initially selected but, after the expiration of that initial period, may be terminated by either the Agent or RENT giving the other party a minimum of 30 days' prior written notice.

RentQuotes

17.1 Subject to clause 6.5 and 17.2, the Agent may purchase RentQuote Credits as an Add-On Service by completing the Application Form nominated by RENT from time-to-time and agreeing to pay the relevant Price.

17.2 In order to participate in RentQuotes, the Agent must have an Agent Listing.

17.3 When a prospective landlord makes an enquiry through RentQuotes on the Site in respect of a property located in one of the suburbs associated with the Agent's Agent Listing, the Agent will be sent a RentQuote Lead setting out the details of that prospective landlord's enquiry.

17.4 The Agent will be deducted one RentQuote Credit for each RentQuote Lead sent to the Agent.

17.5 RentQuote Credits may only be purchased in sets of a minimum 10 RentQuote Credits at a time.

17.6 Once the Agent who has agreed to participate in RentQuotes has used all RentQuote Credits, the Agent will automatically be supplied with, and charged for, another 10 RentQuote Credits.

17.7 The Agent may cancel RentQuotes at any time through the Site.

RentCheck

18.1 The Agent may purchase the RentCheck Service as an Add-On Service by completing the Application Form stipulated by RENT from time-to-time and agreeing to pay the relevant Price.

RentReports

19.1 Agents who hold a Basic Plan or a Feature 3 Plan may purchase RentReports as an Add-On Service by completing the Application Form stipulated by RENT from time-to-time and agreeing to pay the relevant Price.

19.2 Agents who hold the Smart Plan or Feature 6 Plan receive unlimited RentReports as part of their Plan.

Site not for the sale of properties

20.1 The Agent must not place any Content on the Site, including in relation to Property Listings or Agent Listings, that relates to the sale of properties.

Agent must be authorised

21.1 The Agent must be validly appointed pursuant to Management Authorities to manage all properties in respect of which the Agent places a Property Listing on the Site.

21.2 Unless instructed otherwise by the property owner, the Agent must create Property Listings on the Site for all properties in respect of which the Agent has a signed authority to lease or manage the property.

Use of the Site

22.1 All Content entered on the Site by the Agent must be accurate and kept up-to-date, including all links. The Agent must notify RENT immediately at Rent's Email Address if Content supplied by the Agent and uploaded to the Site becomes out of date.

22.2 The Agent must ensure that all properties are listed in the correct suburb; i.e. the listing suburb must be as per the "Statements" section of the Certificate of Title labelled "PROPERTY STREET ADDRESS", or, if no suburb is stated on the Certificate of Title then the local authority address for the property, unless it can be proven to RENT's satisfaction to be incorrect.

22.3 The Agent must not enter or cause to be entered any html tags or coding onto or into any descriptions of any properties on the Site.

22.4 The Agent must not engage in Scraping, reproduction of content, Database Mining or Deep Linking or in any way using rent.com.au format, information or material on any other site.

22.5 The Agent must not engage in spamming, personal abuse or illegal behaviour.

22.6 The Agent must not knowingly transmit viruses, malware or similar malicious code or scripts.

22.7 The Agent must not assist or allow other agents or private sellers to advertise properties on the Site using the Services.

22.8 The Agent must not cause or allow duplicate Property Listings to appear on the Site.

22.9 The Agent must not permit any Property Listing, Agent Listing, Business Profile Page or other posting on the Site to contain any material deemed by RENT in its absolute discretion to be offensive, likely to offend or be in contravention of any Applicable Law.

22.10 The Agent acknowledges that:

the Site is a medium through which Agents may communicate with Users. RENT does not make any warranties as to the individual character of the Users nor the ability of any individual User to pay for services provided by the Agent to that User; and

while RENT will use its best efforts to provide the Services using reasonable skill and care, the Services may become temporarily unavailable form time-to-time due to technical failures, network congestion, periodic maintenance, disrupted telecommunications services or other causes.

22.11 RENT does not monitor or exercise editorial control over Content placed on the Site by Users, including the Agent, but reserves the right to:

access or examine any Content posted by the Agent or any other User; and

at RENT's discretion amend, move, remove or disable access to any Content which RENT considers, in its reasonable opinion to breach any Applicable Law or to be contrary to this Agreement or otherwise unacceptable.

22.12 RENT may suspend the Services without notice to the Agent in the following circumstances:

if RENT is required to comply with an order, instruction or request of a government agency, emergency services organisation or other competent authority;

if RENT is required to undertake emergency repair, maintenance or service of any part of the Site;

if it is reasonably required to reduce or prevent fraud or interference within the Site network;

in order to enable RENT to comply with any Applicable Law; or

as an alternative to the exercise of RENT's rights of termination under this Agreement.

Misleading or Deceptive Conduct

23.1 The Agent must not knowingly engage in misleading or deceptive conduct; any conduct that is misleading or deceptive or is likely to be misleading or deceptive including, but not limited to, the following conduct:

listing a property on the Site under the name of the Agent as a property manager when, in fact, the property is being leased by a property manager without using the services of that Agent;

listing a property on the Site under the name of an agent as the relevant property manager when the Agent does not intend to or, alternatively, does not in fact, comply with the obligations to provide the services and duties specified as being required of such an agent under the Legislation;

listing a property under the name of an Agent as the relevant property manager when the property in fact is leased privately; or

identifying in any advertisement, content, posting or listing on the Site contact details that infer that those details are those of the relevant Agent when in fact the contact details are not those of the Agent.

Use of Content

24.1 By uploading or otherwise providing any Content to the Site, the Agent grants a perpetual, irrevocable, royalty-free, non-exclusive licence throughout the world to RENT to use, reproduce, modify, adapt, publish, translate, sublicense, create derivate works from, incorporate in other works (whether electronic or not), distribute, perform and display, whether in whole or in part, all Content uploaded by the Agent to the SITE.

24.2 The Agent warrants that, in relation to all Content uploaded or otherwise provided to the website by that Agent:

the Agent owns Content, or otherwise has the right to grant the licence set out in clause 24.1;

in relation to any Content related to a property the subject of a Property Listing uploaded to the Site by the Agent, the landlord of the property and the tenant of the property (if the property has been leased) have consented to RENT using the Content as referred to in clause 24.1 and the Agent has complied with all obligations imposed by the Australian Privacy Principles and the Privacy Act, 1988 in relation to that information and/or data.

Payments & Charges

25.1 The Agent will pay RENT the Price for the Services selected by the Agent.

25.2 The Price will be payable on RENT's acceptance of this Agreement and is payable monthly.

25.3 The first payment will be payable in arrears or in advance, depending on RENT's regular billings cycle. The Price payable in subsequent months will be payable according to the invoices sent by RENT to the Agent. For the avoidance of doubt, unless the relevant invoice states otherwise, all invoices must be paid by the Agent within 7 days after the date of the invoice.

25.4 Unless otherwise stated, all direct payments will be processed on the last day of the Billing Period.

25.5 Unless otherwise stated all of Rent.com.au's rates are inclusive of GST.

25.6 If the processing date falls on a banking holiday direct debit payments may be processed on the next business day.

25.7 Any payment disputes made by an Agent must be made in writing to RENT within 14 days from the date upon which the cause of the dispute first arises.

25.8 Any Credit Terms applicable to the Agent will apply to all payments made by the Agent.

25.9 If the customer fails to pay any amount it owes to Rent.com.au by the due date then, in addition to any other rights Rent.com.au may have, it may charge the customer for all reasonable costs, charges and expenses incurred in recovering the amount owed or attempting to exercise any power, right or remedy under these terms and conditions, including but not limited to all legal fees and costs and debt recovery expenses, on a full indemnity basis as a liquidated debt.

Alteration to Services, Prices and Terms and Conditions

26.1 RENT reserves the right to add or withdraw any of its Services, and modify or otherwise alter the Services without notice.

26.2 RENT reserves the right to change or alter:

any and all Prices;

the Services

these Terms and Conditions;

the Use of Site Conditions; or

other conditions of supply of this Agreement or the Services,

at any time and from time-to-time by:

publishing the changes on the Site; and

and advising Agents of the fact that modifications have been made to the Prices, the Services, these Terms and Conditions, the Use of Site Conditions or other terms or conditions of this Agreement or the Services by email notice to the email address provided by the Agent to RENT.

26.3 RENT will use its best efforts to provide 3 months' notice in advance of the effective date of the changes set out in clauses 26.1 and 26.2.

26.4 If any changes made by RENT pursuant to clauses 26.1 and 26.2 amount to a substantive alteration to the Services selected by the Agent, the Agent may terminate the Agreement on 30 days' notice to RENT, PROVIDED THAT such notice is given within 30 days of RENT providing notice of those changes as stipulated in sub-clauses and (ii). Otherwise, continued use by the Agent of the Services is taken as acceptance of any changes made pursuant to clauses 26.1 and 26.2.

Copyright

27.1 The RENT Content is owned and/or controlled by RENT, its suppliers and/or licensors unless expressly indicated otherwise on the Site. The RENT Content is protected by Australian and international copyright and trademark laws. The Agent must not commit or permit any act or omission by it or its consultants, agents, employees or any third party which will impair the copyright or other proprietary rights to the RENT Content, including but not limited to copying, reproducing, republishing, reframing, uploading to a third party, posting, transmitting or distributing the RENT Content in any way except as expressly provided for on the Site.

27.2 Without limiting the generality of the subclause 27.1, no RENT Content will be copied or transferred to another file, where access to the Services permits the Agent to print data in machine readable form (using commands designated for this purpose) and the Agent agrees:

not to transfer, retransmit, duplicate or resell any RENT Content to any third party without the prior written approval of RENT;

not to use these items from the Services to combine with any other information with the object of offering it online or in any other way to third parties without the prior written approval of RENT.

Disclaimer

28.1 The Services and the RENT Content is made available on the understanding that RENT is not rendering professional advice. While RENT has made every effort to ensure the accuracy, reliability, completeness and suitability for purpose of the information presented, RENT does not give any guarantee or take any responsibility or accept any liability (including without limitation, liability in negligence) arising from or connected to any errors or omissions. RENT accepts no responsibility and disclaims all liability for any losses, damages or costs as a result of the use or reliance on the Service.

28.2 End Users and Agents must exercise their own skill and care with respect to the use of any information provided by RENT, and before relying on the information, that End Users and Agents must carefully consider its relevance to their purpose and obtain any professional advice appropriate to their particular circumstances. The Services may be subject to Privacy Legislation and contractual restrictions and must not be used for direct marketing of goods and services or be released to any person or third party for the purpose of direct marketing of goods and services. RENT takes no responsibility for any breaches of Privacy Legislation by any person in relation to the Services.

Limitation upon RENT's obligations and Representations

29.1 All terms, conditions, representations, warranties, guarantees and indemnities by RENT (Representations), not expressly contained in this Agreement, whether arising by operation of law or otherwise, are hereby expressly excluded to the maximum extent permitted by law and, in particular, but in no way limiting the generality of it, RENT makes no Representations as to the completeness or accuracy of the data comprised in the Services or as to its fitness for use for any purpose.

Warranties by Agent

30.1 The Agent warrants, as a continuing warranty through the duration of this Agreement that:

the Agent will not place any Content on the Site, including in relation to Property Listings or Agent Listings, that relates to the sale of properties;

the Agent has a signed authority, that satisfies the requirements of the Legislation, to lease or manage any property put onto the Site by the Agent;

all details entered on the Site by the Agent are accurate and kept up-to-date; and

the Agent has complied with the requirements of the Privacy Legislation as to content security, access, disclosure and use in respect of all Content that the Agent and/or End Users have uploaded to the Site.

Liability

31.1 RENT will not be liable to the Agent for any loss of profit, or earnings, or any damages suffered (including to goodwill) by any person arising directly or indirectly out of the provision of the Services whether in accordance with the terms of the Agreement or otherwise and whether caused by negligence or wilful act or omission of RENT, its consultants, contractors, agents or employees or from any other cause.

31.2 Under no circumstances will RENT or any related corporation or their respective officers, consultants, contractors, agents or employees be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Site, the Services or any RENT Content.

31.3 RENT's liability of any nature or kind including, without limitation, negligence with respect to the subject matter of this Agreement, or for non-compliance with or breach of any Representations which cannot be excluded by Agreement, is limited to, at RENT's option, providing the Agent with Services to replace the Services in respect to which the breach or non-compliance arose, or refunding the Price paid for those Services.

Indemnity

32.1 The Agent indemnifies and holds RENT and officers, consultants, contractors, agents and employees harmless from and against any loss, claim, demand, expense (including legal fees) arising out of the Agent's use of or access to the Services and Site and the Agents input of material into the Site. The obligations imposed by this clause benefit RENT and its officers, consultants, contractors, agents and employees jointly and severally.

Default

33.1 If there is a breach of any of the Terms and Conditions of this Agreement by the Agent and RENT has given 7 days' notice of breach then:

all monies payable by the Agent to RENT will at RENT's election become immediately due and payable despite the specified period for payment not yet having expired;

any credit facilities provided by RENT may be withdrawn by RENT;

RENT may withhold the delivery of Services already ordered by the Agent and is at liberty to suspend the Services to be provided to the Agent pursuant to this Agreement;

in the event of a suspension of an Agent's account, the Agent must immediately pay RENT the Price for the Services that have been subscribed by the Agent up to that time;

in the event of a suspension of an Agent's account, RENT is not liable to refund any monies or credit the Agent's account with respect to the time the Agent remains in breach of the Agreement for the Services that ought to have been provided had the Agent not been in breach of this Agreement;

RENT may list the Agent with any credit rating authority it so chooses and will only remove such a listing when the Agent remedies its breach of this Agreement;

RENT may charge interest on any overdue amount at the prevailing Reserve Bank of Australia cash rate per annum calculated daily on the amount overdue until payment is received in full;

RENT may charge to the Agent all monies, costs, charges and expenses (including legal costs on an indemnity basis) of any attempt made by or on behalf of RENT to recover any monies owing by the Agent to RENT or to secure any indebtedness or liability by the Agent to RENT despite no demand having been made by RENT for payment to the Agent; and

Notwithstanding the terms of clause 33, if there is any breach of clauses 27 and/or 30 of these Terms and Conditions, RENT (in addition to the rights given to RENT under clause 33) may immediately remove any advertisement, content, posting or listing from the Site that relates to that breach.

Assignment

34.1 RENT may transfer all or any part of its rights, interests, obligations or liabilities under this Agreement by assignment or by novation to any related third party (including any related body corporate of RENT) without prior notice to the Agent. If RENT elects to do so, the Agent must upon request by RENT execute any deed, agreement or notice of assignment acknowledging and agreeing to such assignment by RENT, or an agreement or deed of novation (in a form prepared by RENT), substituting a third party in RENT's place under this Agreement.

34.2 The Agent may only transfer its rights, interests, obligations or liabilities under this Agreement to another party with the prior written consent of RENT, which consent will not be unreasonably withheld.

Entire Agreement

35.1 Subject to clause 3, this Agreement, including notices of other Conditions provided to the Agent in any printed form or otherwise published by RENT, including revisions of them constitute the entire agreement between the parties on this subject matter.

Severability

36.1 If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in force.

Security

37.1 The Agent agrees to do whatever is reasonably requested by RENT to maintain security for the Services and to ensure that the Services are not used by people who are not permitted to use it under this Agreement.

Law

38.1 This Agreement and all matters arising from the relationship of RENT and the Agent will be interpreted and governed in accordance with the laws of the State of Western Australia. The Agent submits to the exclusive jurisdiction of the Courts of Western Australia.

Monthly Billing

39.1 We will bill you for the services you acquire from us on a monthly basis, based on your Billing Period.

39.2 The Billing Period will vary depending on the goods or services provided by Rent.com.au.

The Billing Period for the Smart Plan is from the 20th of the month to the 19th of the following month;

The Billing Period for the Highlight Plan is from the 1st of the month to the last day of the month;

For all other Plans or Add-On Services, the Billing Period is monthly from the date the Plan or Add-On Service was activated.

39.3 You will pay all taxes, duties and other government charges payable in connection with this agreement whether applying as at the date of this agreement or in the future including, without limitation, any applicable goods and services tax (GST), other value added tax, sales tax, stamp duty and turnover tax, but excluding taxes, duties and government charges based on our income.

Termination or suspension by us

40.1 Without limiting our other rights, we may immediately terminate the agreement or suspend or temporarily remove any products and services if:

40.2 You fail to pay any fees or charges due to us within 30 days after the due date